SHIBIL AHMED Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners have filed these two criminal petitions under Section 439 Cr.P.C, seeking for their release on bail, in Crime No.244/2015 for the offences punishable under Sections 504, 506, 341, 307, 323, 324 r/w Section 34 of IPC of Mangaluru East Police Station.

(2.) Case of the prosecution is that on 22.11.2015, one Nagendra along with his friends after celebrating the birthday function of one Chethan at Goldfinch Hotel at Mangaluru, there was quarrel between some youths at about 12.30 am, while the complainant and his friends went to pacify the quarrel, the petitioners assaulted the said Chethan for which, he took treatment in A.J.Hospital, Mangaluru. On the complaint made by Nagendra, the case was registered against one Nausheel Hameed and two other persons.

(3.) It is the case of the petitioners that they are not involved in any of the cases and they are falsely implicated in the case. They were arrested on 22.11.2015. The application filed under Section 439 of Cr.P.C., was rejected by the Trial Court on the ground that the offences committed by the petitioners are serious in nature and if the bail is granted they are likely to tamper the prosecution witnesses and hence, rejected the same. Hence, the present petitions have been filed.